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11th Circuit Affirms that Host State Consumer Protection Statutes Are...

In recent years, a number of courts have held that the National Bank Act, 12 U.S.C. 21, et seq., (“NBA”), preempts application of state consumer protection laws against national banks where the state...

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Court Rejects “Transactional Analysis” as Requirement for Commercially...

We continue to see an increase in claims against financial institutions for fraudulent electronic payment orders.  Typically these claims involve large sums of money wired to overseas banks and quickly...

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Alabama Supreme Court Holds Check Encoding Warranty Shifts Liability for...

On September 30, 2014, the Alabama Supreme Court issued an important decision regarding which financial institution will bear the burden of a check encoding error under the check-encoding warranty...

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